Requests from parents for flexible hours
Requests from male and female employees who want to change their working arrangements to suit their child care need more serious consideration now that the Employment Act 2002 has come into force in April 2003.
What rights does an employee have? All employees have the right to request flexible working hours to care for their child. They can ask for changes to the following:
- hours and times required to work
- where they are required to work
- any other aspect of the terms and conditions of employment that will be detailed in regulations to be published in due course.
What must the application contain?
The employee must provide the following information when applying for flexible working:
- state that it is an application for flexible working
- explain the relationship with the child
- spell out clearly what changes to terms and conditions the employee requires and when the changes should take effect
- explain the effect that any such change may have on the employer and how in the employee's view the effect could be overcome.
When must the application be made? Any application for flexible working must be made before the 14th day before the child reaches six years of age or in the case of a disabled child, 18 years of age.
How many applications can an employee make?
An employee can only make one application to the same employer for flexible working arrangements in any 12-month period.
What must the employer do on receiving a request? The employer must act promptly once a request for flexible working is received and take the following steps:
- hold a meeting with the employee within 28 days after the request is made
- provide the employee with a written decision within 14 days of the meeting
- grant the employee the right to appeal against the decision within 14 days of the decision - the employee should set out clearly the grounds of appeal
- hold an appeal meeting with the employee within 14 days after the date on which the notice of appeal is given by the employee
- make a decision in writing within 14 days of the appeal, setting out the reasons for not granting the request.
Can an employer refuse a request? Employers should consider all requests carefully and can only refuse if one of the following reasons applies:
- additional costs to the business
- detrimental effect on the ability to meet customer demand
- inability to reorganise work among existing staff
- inability to recruit additional staff
- detrimental impact on quality or performance.
What remedies are open to employees? Employees who have their requests turned down can apply to an employment tribunal in the following circumstances:
- where the employer has failed to comply with his duties to consider the request
- where the employer rejects the application based on incorrect facts.
A tribunal can order a reconsideration of the request by the employer and make an award for compensation that it considers to be just and fair but this must be no more than eight weeks' pay capped at £260 a week.
What can employers do to avoid tribunal claims? It is vital to give any request for flexible working serious consideration and only refuse a request if it is for one of the reasons listed above that are permitted.
by Jonathan Exten Wright and Mary Walsh
Jonathan Exten Wright is a partner in the employment law department of DLA and Mary Walsh is an assistant solicitor with DLA.
